Conversion to Hinduism Through Conduct

Source: Madras High Court 

Why in News? 

Justice P.B. Balaji of the Madras High Court in K.Krishnapriyan and Aayisha Siddiqua v. Sub Court, Ambattur (2025) set aside the dismissal of a mutual consent divorce petition and held that conversion to Hinduism can be established through conduct, without requiring any formal ceremony or declaration. 

What was the Background of K.Krishnapriyan and Aayisha Siddiqua v. Sub Court, Ambattur (2025) Case? 

• The revision petitioners, a husband and wife, sought to dissolve their marriage by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. 
• They filed a petition before the Subordinate Judge, Ambattur, which was numbered as H.M.O.P. No.77 of 2024. 
• During the final hearing, the Court noticed that the wife (second petitioner) was a Muslim by birth and posted the case for arguments on maintainability. 
• The learned Sub Judge relied on Section 2 of the Hindu Marriage Act and held that the Act applies only to Hindus, Buddhists, Jains, or Sikhs, and not to Muslims, Christians, Parsis, or Jews. 
• The Sub Judge dismissed the petition as not maintainable, finding that the wife being Muslim by religion disqualified the couple from seeking relief under the Hindu Marriage Act. 
• The petitioners filed a Civil Revision Petition under Article 227 of the Constitution of India challenging this dismissal. 

What were the Court's Observations? 

On Conversion Through Conduct: 

• The Court noted that the Supreme Court in Perumal Nadar case held: "A person may be Hindu by birth or conversion. A mere theoretical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism." 
• However, "a bonafide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention would be sufficient evidence of conversion." 
• The Supreme Court further held that "no formal ceremony of purification or expiration is necessary to effectuate conversion." 

Key Findings: 

• The marriage was solemnized at Balamurugan Temple according to Hindu rites and customs, as evidenced by photographs and temple confirmation letter. 
• The wife participated in Hindu marriage ceremonies and approached the Family Court under Hindu Marriage Act provisions, demonstrating conversion through conduct. 
• The Court held there was no necessity for roving enquiry merely because the wife retained her original Muslim name. 
• The petitioners consciously invoked Hindu Marriage Act provisions, professing Hindu religion. 
• The wife, though Muslim by birth, clearly demonstrated conversion to Hindu faith through conduct. 
• Mere absence of formal ceremony cannot be ground to dismiss mutual consent divorce application. 

Court's Direction: 

• The High Court set aside the Sub Judge's order dismissing the petition. 
• The matter was remitted to the Sub Court, Ambattur to decide the petition on merits and in accordance with law. 
• The Sub Court was directed to pass final orders within four weeks from receipt of the High Court order. 

What is the Hindu Marriage Act, 1955? 

About: 

• The Hindu Marriage Act, 1955 (HMA) is the primary legislation governing marriages among Hindus in India. 
• It codifies and reforms Hindu marriage laws, establishing conditions for valid marriages and grounds for dissolution. 

Applicability under Section 2: 

• Section 2 of the Act defines who qualifies as "Hindu" for purposes of the Act. 
• The Act applies to any person who is Hindu, Buddhist, Jain, or Sikh by religion. 
• It applies to persons domiciled in the territories to which the Act extends. 
• The Act specifically excludes Muslims, Christians, Parsis, and Jews unless they can be deemed Hindu under the Act. 
• A person can be Hindu by birth, descent, or conversion. 

Section 13(B) - Divorce by Mutual Consent: 

• Section 13(B) allows couples to seek divorce by mutual consent. 
• Both parties must jointly file a petition stating they have been living separately for a period of one year or more. 
• They must agree that they have not been able to live together and have mutually agreed to dissolve the marriage. 
• After six months but within eighteen months of filing, both parties must confirm their consent through a second motion. 
• If the Court is satisfied that consent is genuine and statutory requirements are met, it may pass a decree of divorce. 

Conversion and Applicability: 

• The Court recognized that when a person converts to Hinduism through conduct by participating in Hindu marriage ceremonies and consistently identifying as Hindu, the Hindu Marriage Act becomes applicable. 
• There is no requirement for formal conversion ceremonies or documentation. 
• Bonafide intention accompanied by unequivocal conduct expressing that intention suffices as evidence of conversion. 
• A person who marries according to Hindu customs in a Hindu temple and invokes HMA provisions demonstrates conversion through conduct, making them eligible to seek remedies under the Act including divorce by mutual consent.